IDENTIFICATION

Instruction:

Put Aif the first premise is correct and the second premise is wrong.

Bif the first premise is wrong and the second premise is correct.

Cif both premises are correct.

Dif both premises are wrong.

EXPLAIN WHY IS THAT YOUR ANSWER

_________1. The most important test to determine the existence of employee-employer relationship is the test of control.

There is no employee-employer relationship between abugaw and prostitute because the former does not have control on the activities of the latter.

_________2. Employment in resorts business is usually seasonal.

The work to be performed in a seasonal employment is only for a certain time or season of the year and the employment is only for that specific duration.

_________3. Tip is different from service charge.

The share of employees in the service charge shall be equally distributed among others.

_________4. The existence of employee-employer relationship begins only from the time the employer possesses the control over the employee.

The test to determine the existence of employee-employer

relationship is as follows: a. manner of selection;b. controland c. power to dismiss.

_________ 5. Due process must be observed in order to make the termination of employment contract legal.

Due process is observed if the employee is given the opportunity to be heard although he did not avail of the said opportunity.

_________6. Social Legislations Law governs the employer-employee relationship while the employee is "not at work" due to hazards arising from employment.

It is actually designed to uplift and protect the welfare of the worker and his family, because of the hazards beyond his control which immobilize him from working..

_________7. The state shall afford full protection to labor, local employees, organized and unorganized, and promote full employment and equality of employment opportunities for all.

There is full employment when there are more job opportunities than the job applicants.

_________8. There is an employee-employer relationship between student assistants and the academic institution.

The academic institutions have full control over the employment conduct of their student assistants.

_________9. Male employees may enjoy paternity leave benefit under labor relations law.

The paternity leave is an example of social legislations law.

_________10. Sexual harassment constitutes grave misconduct.

It is a valid ground for the termination of employee-employer relationship.

_________11. Management prerogative is absolute.

Employees cannot question this discretionary power of the management.

_________12. Employers were vested with better nights as compared to the employees based on law.

Rights of the employees and employers are equal.

_________13. Giving threat in the life of the agent of the employer may constitute a valid ground for the termination of employment contract of the employees.

Termination of employment based on the above situation is too harsh a penalty.

_________14. A 15 day advance notice for the termination of employment contract is sufficient.

The law provides for a 30 day advance notice before the employment contract may be served.

_________15. Dismissal of an employee is an absolute prerogative of an employer;

A tenured employee cannot be dismissed from employment unless for a just and authorized causes.